I met several EB-1 criteria but failed the final merits. Why?

This is a common question: you meet the criteria for the category, yet your EB-1 petition still does not advance past the final merits stage. The explanation lies in how the category is evaluated, in two distinct steps.

In the first step, USCIS verifies that you satisfy the criteria for the extraordinary ability category. Passing that step is necessary, but it does not conclude the analysis. What follows is the final merits determination, in which the officer looks at the totality of your evidence and decides whether, on the whole, it demonstrates the exceptional level the category requires.

In other words, meeting a minimum number of criteria does not, by itself, guarantee a favorable outcome. What matters is the overall reading of your case:

• The quality and consistency of the evidence, not just the quantity.
• Genuine recognition of your work within your field.
• The impact and relevance of your contributions as a whole.

If the decision was unfavorable at this stage, the path forward usually involves strengthening the narrative and the robustness of the evidence, not simply adding more items. Because every case is unique, review the current criteria on the USCIS website and consider specialized guidance to reassess your strategy.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.